Nullity of Marriage under Indian Personal Laws
⚖️ Nullity of Marriage under Indian Personal Laws
1. What is Nullity of Marriage?
Nullity of Marriage means a marriage that is void or voidable — it is treated as if it never legally existed.
A null and void marriage has no legal effect from the beginning.
A voidable marriage is valid until annulled by a competent court.
2. Nullity under Different Personal Laws
India being a multi-religious society, nullity of marriage is governed differently under:
| Religion | Governing Law | Type of Marriage Nullity |
|---|---|---|
| Hindus | Hindu Marriage Act, 1955 | Void and Voidable marriage provisions |
| Muslims | Muslim Personal Law (Shariat) | Void and Voidable marriage provisions |
| Christians | Indian Christian Marriage Act, 1872 | Void and Voidable marriage provisions |
| Parsis | Parsi Marriage and Divorce Act, 1936 | Void and Voidable marriage provisions |
3. Grounds for Nullity of Marriage
A. Hindu Marriage Act, 1955
Void Marriages (Section 11):
Bigamous marriages (either party already married).
Sapinda relationship (close blood relation).
Prohibited degrees of relationship.
Mental incapacity or unsoundness.
Marriage solemnized before the Hindu Marriage Act came into force.
Voidable Marriages (Section 12):
Non-consummation due to impotence.
Lack of valid consent (e.g., fraud, coercion).
Unsoundness of mind.
Pregnancy by another man at the time of marriage.
B. Muslim Law
Void Marriages:
Marriages within prohibited degrees of relationship (close relatives).
Marriage during iddat period after divorce or death.
Polyandry (marriage to multiple women is generally invalid except limited forms).
Voidable Marriages:
Marriage contracted by minor without guardian consent.
Non-fulfillment of essential conditions (like consent).
Note: Divorce by talaq or khula is generally the remedy rather than annulment.
C. Christian Marriage Act, 1872
Void Marriages (Section 5):
Bigamy (existing marriage subsisting).
Consanguinity and affinity within prohibited degrees.
Non-age (below 18 for males, 15 for females).
Insanity or unsoundness of mind.
Idiocy or lunacy.
Voidable Marriages (Section 6):
Lack of valid consent.
Concealment of impotency.
Pregnancy by another man at the time of marriage.
Force or fraud in obtaining consent.
D. Parsi Marriage and Divorce Act, 1936
Void and voidable grounds similar to Hindu and Christian laws.
Bigamy, prohibited degrees of relationship, non-consent, and mental incapacity are key grounds.
4. Effects of Nullity
Void marriages are null from the beginning — no legal status.
Voidable marriages are valid until annulled by a court decree.
Children of null or void marriages are generally considered legitimate under Indian law.
5. Procedure for Nullity
Petition must be filed in a competent family or civil court.
The court examines evidence and grants a decree of nullity or annulment if grounds are proved.
Reliefs like maintenance or custody may be granted post-annulment.
Summary Table
| Aspect | Hindu Law | Muslim Law | Christian Law | Parsi Law |
|---|---|---|---|---|
| Void Marriage | Bigamy, prohibited degrees | Close relatives, iddat | Bigamy, consanguinity | Bigamy, prohibited degrees |
| Voidable Marriage | Consent, impotence, fraud | Minor consent issues | Consent, force, fraud | Consent, mental incapacity |
| Court Remedy | Annulment by Family Court | Talaq/Khula preferred | Annulment by Civil Court | Annulment by Civil Court |
Specific case laws related to nullity.
Procedure and documentation for filing nullity suits.
Differences between nullity and divorce.
Do write to us if you need any further assistance.
RELATED Blog
0 comments